Sec[Section] 1 Be it enacted by the people of the State of Illinois, represented in the General Assembly, That hereafter it shall not be lawful to commence any action upon any contract express or implied, or upon the record of the judgment of any court, by capias, unless the plaintiff or some other person shall first have filed an affadavit with the clerk of the court where suit is intended to be commenced, stating the nature and amount of his claim, that there is strong presumption of the defendant fraudulently selling, concealing[,] or otherwise disposing of his property, so as to hinder, delay[,] or defeat in whole or in part the collection of the claim aforesaid, upon the filing of an affadavit as aforesaid, it shall be the duty of the clerk to issue a capias, and it shall be the duty of the proper officer upon ^the^ receipt of any such capias to arrest the defendant and to proceed in all things thereon as required by the provisions of the act to which this is an amendment.

Sec 2 If any person who is about to commence a suit shall file an affadavit of himself or some other person with the clerk of the proper Court, stating the amount and nature of the plaintiffs[’] claim; and also stating that the defendant will be likely to remove, squander, conceal[,] or otherwise dispose of his property, so that it cannot be reached by execution, and thereby cause the plaintiff to lose his debt in whole or in part, it shall be the duty of the clerk to issue a summons with a clause directing the proper officer to levy on the estate of the defendant; and it shall be the further duty of such officer to

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to levy upon all or so much of the property real, personal[,] or mixed, of the said defendant as may be sufficient to satisfy said Claim, and the property so levied on shall be first sold by virtue of any execution which may be afterwards issued in said suit.

Sec 3 If any defendant whose property has been levied on shall desire to retain possession thereof it shall be the duty of the officer having custo[dy] of the same, to deliver up said property upon the defendants giving a forthcoming bond with a penalty double the amount of the value of the property, or upon his depositing with the officer the value of said property in money. In case the defendant and the office cannot agree as to the value of said property it shall be the duty of the proper officer to summons three disinterested individuals, who, after being duly sworn, shall proceed to value said property, which valuation shall be a guide to said officer; and the court shall allow said appraisers such compensation as may be right and equitable. If any person giving a forthcoming bond as aforesaid shall fail to deliver the property therein specified, he may discharge himself by paying the valuation money at any time before the suit is brought on the bond.

Sec 4 Any share or interest of any stock holder in any bank, or insurance company, or any other incorporated company that is, or may be authorized or chartered by the laws of this State, and any money, bank notes[,] or other choses in action and all equitable interest, may be levied on by mense or final process and sold in the same manner as personal property may be.

sec 5 It shall be deemed and taken to be a good service of any writ as aforesaid, to leave an attested copy thereof, with the Clerk, Treasurer, cashier[,] or any other officer, who has at the time the books and papers of the corporation, and any share or interest so levied on with all the dividends that shall thereafter accrue thereon, shall be held as security to satisfy the judgment that may be recovered; and it shall be the duty of the officer of the company appointed to keep a record of or account of the shares or interest of the stock holders, on the application of the plaintiff or the officer having the process to make out a certificate of the number of shares or amount of the interest held by the defendant, and deliver the same to the person so applying; and if he shall wilfully refuse or neglect to do so, the court before which the suit is pending shall have power to punish such delinquent for contempt of court by fine or imprisonment or both.

Sec 6 It shall not be lawful to issue a ca sa upon any judgment hereafter recovered upon any contract express or implied; but an execution may be issued with a clause in the nature of a ca sa; and it shall be the duty of the officer charged with the execution thereof, first to make diligent search for property to satisfy said execution before he shall arrest the defendant, and any defendant arrested by virture of such process, may be discharged as provided for in the act for the relief of insolvent debtors, approved January 12^th 1829.

sec 7 All bail bonds and forthcoming bonds shall be taken in the name of the plaintiff, and be filed in the office of the clerk of the court issuing the process and from the time of the filing there of shall be deemed and taken to be a part of the record of said court; and whenever all or any number of the conditions of any such bond shall have been forfeited, a summons in the nature of a scirefacias may be sued out against the defendant, or his sureties, or all or any number of them, to show cause why judgment should not be rendered against them. It shall not be necessary to file a declaration in any such suit.

Sec 8 If any person shall wrongfully sue out process under this, or the act to which this is an amendment, he shall be liable for all damages which may accrue, and nothing in either of said acts shall be deemed to take away any remedy which the party heretofore had by action at law or otherwise.